Law:

Section:

North-West Frontier Province Employees (Regularization of Services) Act (XVI of 2009)-------S. 2(1)(aa)--- "Contract appointment"---Meaning---Appointments in the present case, were made in accordance with the prescribed method of recruitment and through the Department Selection Committee---Cases of such employees did not attract the definition of "contract appointment" contained in S.2(1)(aa) of the North-West Frontier Province Employees (Regularization of Services) Act, 2009---Employer/department had failed to produce anything to establish that employees had in fact been appointed for any "project post"; all that was produced before the High Court were some salary slips and pay-rolls of such employees, but such documents, could not be accepted as proper substitute for positive and definite proof of the nature of the appointment or employment. Qazi Muhammad Anwar, Advocate Supreme Court for Appellants (in all cases). Gul Zarin Kiani, Advocate Supreme Court with Waseem-ud-Din Khattak, Advocate Supreme Court for Respondents (in all cases). Date of hearing: 1st March, 2011. JUDGMENT ASIF SAEED KHAN KHOSA, J.--- The respondents in the present appeals had been selected for appointment in the prescribed manner on or after the first day of July, 2001 and before the 23rd day of July, 2005 but they had all been appointed on contract basis and upon enactment of subsection (2) of section 19 of the North-West Frontier Province Civil Servants (Amendment) Act, 2005 they were to be deemed to have been appointed on regular basis but upon failure of the Provincial Government to treat them as such they and some others filed different writ petitions before the Peshawar High Court, Peshawar which writ petitions had been allowed by a learned Division Bench of the said Court through a consolidated judgment, dated 1-12-2009 with a direction to treat the said respondents as regular employees. On that occasion the learned Additional Advocate-General appearing for the Provincial Government had conceded the claim of the respondents and others to be treated as regular employees. Instead of challenging that judgment of the Peshawar High Court, Peshawar before this Court the appellants…

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